§ 90.604, Fla. Stat. — Lack of Personal Knowledge
Plain English
A witness can testify only to what they personally know — what they actually saw, heard, or experienced. Before a witness speaks to a matter, there must be enough evidence to support a finding that they have personal knowledge of it (the witness’s own testimony can establish that foundation). The one carve-out is the expert witness under § 90.702, who may give opinions beyond personal knowledge. This is the foundation rule that keeps “someone told me” out of the witness chair when it’s dressed up as firsthand fact.
From the Courtroom
“How do you know that?” is the question that enforces 90.604. If the answer is “someone told me,” you’re into hearsay or speculation, not personal knowledge. Establish that the witness was there and perceived it before you let them describe it — or the testimony is vulnerable on cross and on objection.
Key Points & Authority
- § 90.604, Fla. Stat. — A witness may not testify to a matter without evidence sufficient to support a finding of personal knowledge; that foundation may come from the witness’s own testimony.
- Exception: expert opinion under § 90.702 is not bound by the personal-knowledge requirement.
- Federal parallel: Fed. R. Evid. 602.
Federal Parallel
The federal counterpart is Fed. R. Evid. 602 — the need-for-personal-knowledge rule, expressly subject to the expert-opinion rule (FRE 703).
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may be given by the witness’s own testimony.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.604 requires evidence sufficient to support a finding that a witness has personal knowledge of a matter before testifying to it, except for expert opinion under §90.702.